Legal Question in DUI Law in Wisconsin

I made a mistake and was out with the girls and one of the girls locked her keys in the car so we had to stick around longer waiting for her brother to come out with extra set of keys and was on the way home and in our subdivsion my cell phone went off and I looked down to get it and hit a mailbox and left and the owner called it in and I was ticketed for hitting mail box and OWI on my driveway-my court date is 12/23/09 I am very embarassed over this and it will not happen again and just want to get it over with

I can get my Occupational Dec 12th which I will get my SR22 filing

Do I plead No contest? and pay the fine as I am require to appear in court


Asked on 12/01/09, 12:26 pm

1 Answer from Attorneys

JAY Nixon nixon law offices

You need to retain an attorney as soon as possible and discuss all of this right away with experienced legal counsel. If pursued quickly enough, the attorney might be able to file paperwork to attempt to save your driver's license by challenging your administrative suspension. If that is not done within ten days, you will lose all right to fight it, even if you are found not guilty on the underlying drunk driving charge. I do not know enough about your case to give you any sort of serious advice and would never advise someone whether or not to plead guilty without a full investigation. A lawyer may spot defenses, such as whether or not there was probable cause to arrest you, whether the test was properly offered to you on a functional intoximeter machine in a timely fashion, and whether or not the result of the test supports a conviction. However, the fact that you had an accident is certainly not a good start in terms of fighting the charge. Although there is legislation to make certain first offense drunk driving cases into criminal cases, at this particular moment in time they are usually non-criminal, and the worst that can happen is loss of license, a huge fine, a court ordered alcohol assessment, mandatory installation of an ignition interlock device, and much higher insurance premiums over the next ten years. If it is a second or subsequent offense, however, you are facing mandatory jail and should definitely get a lawyer. Other than advising you to immediately get a lawyer, my comments here do not constitute legal advice and do not create an attorney/client relationship between. However, you are more than welcome to contact me via my direct email address posted here or by phone in order to discuss arrangements for me to possibly accept your case for full representation.

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Answered on 12/09/09, 3:17 pm


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